Constitution and By-Laws
(Articles I through XVII Revised 12/14/2009)
ARTICLE I NAME
The name of the organization is
THE
and, may be
referred to here and elsewhere as the organization, ELHSHOF or
ARTICLE II GOALS AND
OBJECTIVES
SECTION 1: The
SECTION 2 The primary objective of this organization shall be to induct new members each year, by providing funds, and/or goods and
services in support of the various needs and programs, while adhering to all
rules and regulations of the East Longmeadow School Department.
SECTION 3: A major goal of the organization shall be to raise funds in order to provide for an annual banquet, suitable recognition plaques for inductees and a display case for the high school with the names of all of the inductees.
ARTICLE III MEMBERSHIP
SECTION 1: Any
person interested in supporting the organization and recognition for
SECTION 2: Types of membership will include:
A. Active Members- Any person shall become an active voting member upon selection by the HOF Board of Directors by a simple majority vote.
B. Honorary Members -Any person whose contribution to the organization or whose knowledge of the organization shall by a two-thirds (2/3) vote of the Board of Directors merit that distinction, may be elected as Honorary member. They shall have all privileges of the floor including debate, and voting, but shall not have the right to hold elected office in the organization.
C. Senior Members - Any person sixty (60) years of age or older shall become a senior member upon selection by the HOF Board of Directors by a simple majority vote.
D. Coaches and advisors - Shall automatically be considered members of the organization, and shall have all privileges of the floor and debate but shall not have voting privileges.
E. Administrative members – The Athletic Director or his/her designee shall be appointed by the High School Principal to become an active voting member, and shall have all the privileges of the floor and debate.
SECTION 3: DUES - No person shall be considered an active member until he/she has paid the annual dues for the current year. Each active member shall pay annually the sum of not less than $5.00. Each Senior Member shall pay annually the sum of not less than $3.00. The Treasurer is responsible for maintaining the membership list.
SECTION 4: TERMS OF OFFICE All terms of the officers, and directors shall commence the first day following the annual meeting for a two year term. No member shall hold more than one of the offices named in this article at the same time, and no member shall hold the same elected office for more than two (2) consecutive terms unless specifically waived by a simple majority vote of the Executive Committee.
ARTICLE IV OFFICERS
SECTION 1: OFFICERS The officers of the organization shall be:
President
Vice-President
Secretary
Treasurer
Member at Large
SECTION 2: EXECUTIVE COMMITTEE the officers of Article IV Section 1 shall be called the Executive Committee, and shall be elected at an annual meeting for the term of two years.
SECTION 3: BOARD OF DIRECTORS The board shall be designated, consisting of the Executive committee, the administrative member(s), and all committee chairpersons.
ARTICLE V MEETINGS
SECTION 1: REGULAR MEETINGS There will be no less than six (6) regular meetings per year, to be held as the President shall determine. The December meeting shall be designated as the ANNUAL MEETING of the organization.
SECTION 2: SPECIAL MEETINGS Special meetings of the organization may be called by the president as deemed necessary, and may also be called by written request of at least five (5) active members to the president. Business transacted at such a meeting will include the subject specified in the call for such a meeting. No special meeting shall be held unless at least five (5) days notice of time and place of said meeting is given to the membership by mail, e-mail, phone and/or local newspaper(s).
ARTICLE VI EXPULSION
Any member may be expelled for conduct which reflects poorly on the objective, goals, or reputation of the organization. Such expulsion will be by a vote of two-thirds (2/3) of the members present at any meeting of the Board of Directors, provided that a copy of the charges have been served upon the accused member, and he/she has been given no less than seven (7) days notice in writing of the date, time and place of the meeting. If the accused member fails to appear at the meeting, the proceedings shall continue without his/her presence.
ARTICLE VII DUTIES OF OFFICERS
SECTION 1: PRESIDENT The president shall preside at all meetings of the organization and Board of Directors, and shall enforce due observance of the by-laws of the organization while maintaining parliamentary procedure. The president shall present at the annual meeting of the organization a report on the operations of the organization during his/her term of office. The president shall be an ex-officio member of all committees. He/she shall have the right to appoint members to the Board of Directors to complete unexpired terms of board vacancies. He/she shall have the right to determine all committees, and to appoint chairpersons of such committees except as specifically provided for in the organization's by-laws. The president shall call all meetings of the organization and its Board of Directors. He/she shall be a non-voting member of the Board of Directors for a period of two years following the end of his/her term of office. He/she shall represent the tie breaking vote for all motions in front of the organization or its Board of Directors. In the event that the president vacates his/her office before the end of the term of office, the vice president will assume the position of the president, and with the simple majority approval of the executive committee will appoint a new vice president within 60 days of his/her assumption of presidential duties.
SECTION 2: VICE PRESIDENT In the absence of the President, the Vice-President will perform the duties of the President. The Vice-President will be in charge of the Nominating committee and certain other committees as deemed necessary by the President. He/She shall also carry out such other duties as assigned by the President from time to time.
SECTION 3: SECRETARY The secretary shall keep all records regarding the activities of the organization, its executive committee, and its Board of Directors. He/she shall also carry out such other duties as assigned by the president from time to time.
SECTION 4: TREASURER The Treasurer shall keep an accurate record of all moneys received and expended by the organization. He/She shall have custody of all funds of the organization, and shall promptly deposit the same in the name of the organization in such banks as selected by the executive committee. All checks drawn are to be signed by the President and Treasurer. The treasurer shall have the authority to approve individual expenditures of up to $500.00, to a maximum of $1,500.00 per month, subject to notification of the Board of Directors at their next meeting. The Treasurer is responsible for maintaining a list of Active Members. The Treasurer shall at each annual meeting make a full report of the treasury. A similar report shall be made upon request of the President, or Board of Directors. He/She shall also carry out such other duties as assigned by the President from time to time.
SECTION 5: MEMBER AT LARGE The member at large shall insure order at all meetings of the Executive Committee and Board of Directors and the organization. He/She shall be a full voting member of the Board of Directors, and shall represent the will of the membership at all Board of Director meetings. He/She shall also carry out such other duties as assigned by the President from time to time.
SECTION 6: BOARD OF DIRECTORS It shall be the duty of the board of directors to consider and act upon all matters of business between meetings of the organization and to decide upon all matters that concern the interest and welfare of the organization. In the event of three (3) consecutive absences by an elected member of the board of directors, the president may declare that position open. Meetings of the board of directors will be called by the president, or whenever requested in writing to the president by at least five (5) members of the board of directors.
ARTICLE VIII FISCAL YEAR
The fiscal year of the organization shall be the twelve month period commencing July 1, and ending the following 30th of June.
ARTICLE IX COMMITTEES
SECTION 1 NOMINATING COMMITTEE The nominating committee shall consist of five (5) organization members as appointed by the president with the approval of the board of directors. The committee shall be formed at least ninety days prior to the date of the annual meeting, and shall be comprised of no more than three members of the board of directors with the remaining members being drawn from the membership of the organization. The nominating committee shall provide the organization with a list of nominees for the offices of the organization at least thirty (30) days prior to the annual meeting. Nominations for officers may also be made at the annual meeting from the floor, provided that he/she has submitted to the president fourteen days prior to the annual meeting, written notice that he/she shall be considered as a candidate for that particular office. In the event that the nominating committee does not have a nomination for a specific office, then a nominee may be considered from the floor without prior written notice.
SECTION 2: SELECTION COMMITTEE The selection committee shall consist of no less than five (5) members of the organization, who will be responsible for reviewing all induction nomination forms. The committee will research and validate the inductee’s achievements. All recommendations for induction will require a minimum of eighty percent consensus of the committee. The committee will report their findings to the membership at the June meeting. The committee will notify all inductees (or their families) and will request a ‘bio’ to be returned before the September meeting in order to facilitate their introduction at the induction ceremonies.
SECTION 3: AWARDS COMMITTEE The awards committee shall consist of three (3) members of the organization, who will be responsible for procuring all inductee awards. The committee will report their findings to the membership at the annual meeting
SECTION 4: PUBLICITY COMMITTEE The publicity committee shall consist of a number of members as determined by the vice president, and will coordinate all publicity for the organization. Publicity shall include but not be limited to the use of local newspapers, cable access television, the World Wide Web and local radio and television stations. The committee will also be responsible for the dissemination of information regarding all meetings, scheduled events, and/or fund raisers as well as regularly published newsletters. The vice president will appoint all members of the publicity committee.
SECTION 5: FINANCE COMMITTEE The Treasurer shall be the chairperson of the finance committee. The committee will consist of three sub-committees, each with its own chairperson:
SECTION 6: AUDITING COMMITTEE The auditing committee will be appointed by a simple majority vote of the Executive Committee and will be comprised of no members of the organization. It will be chaired by a certified public accountant (or equivalent) and will be independent of the organization itself. It will conduct an annual audit of the organizations finances and will present its findings to the organization during the June regular meeting.
SECTION 7: COMMITTEE ASSIGNMENTS All other committees and chairperson assignments shall be made by the president as necessary. No committee will have less than three (3), nor more than fifteen (15) members.
ARTICLE X QUORUM
SECTION 1: BOARD OF DIRECTORS Five (5) members of the board of directors shall constitute a quorum for the transaction of business at a board of directors meeting.
SECTION 2: GENERAL MEETINGS Ten (10) members shall constitute a quorum for the transaction of business at a general meeting, provided that five (5) of which are members of the board of directors
ARTICLE XI ORDER OF BUSINESS
Except for special meetings as provided for in the By-Laws all meetings shall observe the following order:
1. Roll call of officers
2.
3. Election of officers (Annual meeting only)
4. Correspondence
5. Report of committees
6.
7. Business
a) Old business
b) New business
8. Adjournment
The order of business may be suspended, or amended at any time by either the president, or by a majority vote of the members present.
ARTICLE XII RULES OF ORDER
SECTION 1: RULES OF ORDER The meeting of the organization and/or its board of directors shall be carried on in accordance with the ordinary rules of parliamentary bodies and questions of order shall be decided in accordance with the current publication of 'Robert’s Rules of Order'.
SECTION 2: VOTES A ballot vote shall be taken upon any question at the request of one quarter (1/4) of the members present, prior to or immediately after the call for a vote, provided that the next order of business has not been called, otherwise the question shall be put to yays or nays.
ARTICLE XIII FINANCES
SECTION 1: EXPENDITURE OF FUNDS all expenditures of the organization, except as otherwise specifically described in the constitution and by-laws shall be approved by a majority vote of the Board of Directors at any Board of Directors meeting. Funds may also be approved by a two thirds vote of the members present at any general meeting, provided that such request for an expenditure has been delivered in writing to any member of the Board of Directors at least two weeks prior to said general meeting
SECTION 2: OWNERSHIP OF PROPERTY All capital investments purchased by the organization shall become the property of the East Longmeadow School Department, which will be responsible for the maintenance and upkeep of the same.
SECTION 3: EXPENDITURES All expenditures will be made such as to benefit a cross section of the athletes, coaches, contributors or teams represented by the organization.
ARTICLE XIV RELATIONSHIP WITH SCHOOL
COMMITTEE
SECTION 1: COMMUNICATIONS The organization shall maintain communications with the school department through its secretary, and shall keep them informed of organization activities including fund raising and special events.
ARTICLE XV AMENDMENTS
Any proposition to alter or amend these By-laws shall be submitted in writing to any duly convened meeting of the organization. The proposed amendment shall then be read to the members assembled, and debated, but not voted upon. It will become a matter for consideration at the next general meeting, and upon receiving a two-thirds (2/3) majority of the votes cast at that meeting, will be enacted as a by-law.
ARTICLE XVI NON-PROFIT ORGANIZATION
SECTION 1 PURPOSE Not withstanding any other provisions of these articles, the organization is organized exclusively for one or more purposes specified in 501(c) (3) of the Internal Revenue Code of 1954 and shall not carry on any activities not permitted to be carried on by any organization exempt from Federal Income Tax under 501(c) (3) or corresponding provisions of any subsequent Federal Tax law.
SECTION 2 NET EARNINGS No part of the net earnings of the organization shall inure to the benefit of the member, trustee, director, officer of the organization or any private individual (except that reasonable compensation may be paid for services rendered to or for the organization) or any private individual shall be entitled to share in the distribution of any organization assets on dissolution of the organization
SECTION 3 INFLUENCE No substantial part of the activities of the organization shall be carrying on propaganda or otherwise trying to influence legislation (except as otherwise provided by IRC 501 (h)) or participating in or intervening in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office.
SECTION 4: DISSOLUTION In the event of dissolution, all of the remaining assets and property of the organization shall after necessary expenses thereof, be distributed to another organization exempt under IRC 501 (c) (3) or corresponding provisions of any subsequent Federal Tax laws or to the Federal government, or any State or local government for public purpose.
SECTION 5: DISTRIBUTION OF ASSETS In any taxable year in which the organization is a private foundation as described in IRC 5089 (a), the organization shall distribute its income for said period for such time and manner as not to subject it to tax under IRC 4942, and the organization shall not
a) Engage in any act of self dealing as defined in IRC 4941-(a)
b) Retain any excess business holdings in IRC 4945-(c),
c) Make any investment in such a manner as to subject the organization to tax under
IRC 4944
d) Make any taxable expenditure as defined in IRC 4945-(e) or corresponding provisions of any Federal Tax laws
ARTICLE XVII END OF CONSTITUTION AND
BY-LAWS
Section I End of Constitution and By-laws